Yet again, something that never fails to amaze us. I’m curious as to why the Syabas water contract was deemed classified and revealing it may be a threat to national security. Does it have info on the water pipe routes, processing plants, treatment processes etc that can be used  by criminals, terrorists or foreign countries to destabilised the country? Perhaps.

Anyway, the court ruled that the documents can be made public. So, it will be interesting when the public get their hands on the document (7 days given to abide with court ruling, and hopefully there’s no appeal lodged).

If indeed we want to reach the heights of truly developed nation, then need to be more truthful and transparent.  The era of hiding behind certain laws is over already. Public don’t like it if they are not part of decision making process. Being a Selangorian and with loads of relative in Selangor, we sure want to know how the deal was made, who benefits, why the costing is as such and so on.

Obviously, this news is well received by Selangor state government as they can expect the document to reveal a lop-sided deal.

Interestingly, I didn’t notice is the usual news channels. Only read it at Malaysiakini and The Malaysian Insider.

Oh, did I mention that there’s an avenue for appeal process? It may well be wishful thinking.

The federal government has seven days to disclose the contents of the audit report and water concession agreement entered between it, the Selangor government and Syarikat Bekalan Air Selangor (Syabas).

This follows a landmark ruling at the High Court today allowing the documents – which were classified by the government as being under the Official Secrets Act (OSA) – to be made public.

The decision was made by judicial commissioner Hadhariah Syed Ismail, who ruled the government’s refusal to disclose the reports did not consider the expectation of members of the public who are adversely affected by the decision.

“The respondents’ decision to allow the privatisation of water service and arbitrary increase in tariff, and at the same time invoking the OSA, is disproportionate to the aims of the Act.

“It is also counter to the principles of good governance, accountability, transparency, and (that) the interests of rakyat should come first,” she said in her judgment.

Hadhariah ruled that since the government has failed to fulfill those principles, the court is compelled to do so.

Hadhariah made the ruling in the judicial review case brought by Malaysian Trade Union Congress (MTUC) president Syed Shahir Syed Mohamud (right) and 13 others against the Energy, Water, and Telecommunications Ministry, the Selangor government and the federal government.

The plaintiffs’ lawyer Ang Hean Leng said this is a landmark judgment as it recognises the right of the public to have documents revealed, out of public interest.

Syed Shahir and the other plaintiffs, which include Klang MP Charles Santiago (right) and parents acting on behalf of their two children not of legal age, filed the application in January 2007.

They wanted the disclosure of the Concession Agreement dated Dec 15, 2004, between the federal and Selangor governments and Syabas.

They also sought the audit report justifying an increase of 15 percent in the water tariff.

The plaintiffs also sought:

• a declaration that the applicants and general public have access to the audit report and agreement;

• alternatively, a declaration that those documents are public documents and are not official secrets documents;

• an order of certiorari to quash the decision by the respondents in denying access to such documents; and

• a mandamus order to compel the minister to disclose the contents of such documents.

‘Why is document secret?’

Hadhariah in her 19-page judgment also said she was not convinced such disclosure would be detrimental to national security or public interests.

“In fact, I was of the opinion that the truth is the contrary,” she ruled.

Hadhariah also said there must be a reasonable explanation why a document must be classified as “rahsia” (secret).

She also said she agreed with the applicants’ contention, that the fact that the audit report was presented to the cabinet was not sufficient to justify protection under the OSA.

“It also cannot be in the spirit of OSA, to extend protection in cases where the government believes there will be public discussion and criticisms against the government’s action,” said the judicial commissioner.

Hadhariah said having read the audit report herself, she concluded it contains information relevant to the concession agreement, in particular the issue of raising the water tariff.

Saying that she could foresee public discussion and criticism against the government, the concession agreement and audit report should have been released in tandem as the report made certain comments and reference to provisions and concessions in the agreement.

“The disclosure will serve the public interests in keeping the public informed of the working of the government, as well as promote discussion on public affairs,” she said.

“In this era of transparency, accountability, and priority (that should be) given to the needs of the rakyat… it is only fair for such documents to be made public. I am of the view the court should lean in favour of the aggrieved party in matters involving public interest,” said Hadhariah.

She also said the concession agreement should be a public document as it was executed with public interest in mind, and therefore it is in the public interest that this document be also disclosed.

“What could possibly go wrong if what the public wants to know is whether the deal was a win-win situation, or a one-sided agreement benefiting one party only?

“Until and unless the agreement is disclosed to the public, it would cause anxiety to the public wanting to know such matters that affect their basic needs.”

I guess many cases of residents being hung out to dry, have helped to create awareness among similar cases. People won’t simply belief what authorities said because more often than not, its been stories of failures, abandoned projects, and promises not kept. The residents also want to get the possible deal and don’t consider relocating if the location is far. That’s why some of the development projects face difficulties in moving out the residents (or sometimes labelled as squatters).

Anyway, I smiled to myself when I read what one of the councillor said: “It is difficult to convince the residents that it will be finished but they have to take it in good faith,” she added.

Good faith? You gotta be kidding right? 🙂

THERE is some hope for the 35 families staying in the PJS 1 longhouse in Taman Petaling Utama as they have agreed to the rent money and ex-gratia payment until the proposed low-cost flats project in the area is completed.

Residents were offered RM500 in rent for two years and RM2,280 as relocation compensation.

The families have been staying at the transit homes for 10 years now while waiting for the low-cost flats promised to them, but the project was delayed indefinitely due to legal and technical problems.

The wait was further prolonged when the longhouse occupants refused to move to PPR Lembah Subang.

The matter has become more urgent now as the federal land on which the longhouse is located would be taken back for the construction of a school in Jalan PJS 1/52.

Another site, in Jalan PJS 1/52, has been proposed for a new block of low-cost flats. The units are offered at RM35,000 each.

The developer has also agreed for the temple in the area to be relocated near the low-cost flats.

The National Unity and Integration Department had issued a cheque for RM30,000 as compensation while the state government had also given RM20,000 for the temple relocation.

During a meeting yesterday, the residents, who were represented by S. Velan, said they wanted the Petaling Jaya City Council (MPBJ) or state government to guarantee the rent should the low-cost flats project take more than two years to complete.

The meeting was held at the MBPJ multipurpose hall in PJS1, Petaling Utama, with the affected residents.

Velan also said they wanted to see details on the sales and purchase agreement for the low-cost flats before signing.

“Right now, it all sounds good but based on our past experiences we’d rather not take any chances. So, we want everything in black and white for the rent and guarantees,” he said.

MBPJ town planning department assistant director Mohd Bakri Salleh said they would ask the National Housing Board to help the families with bank interests during the construction of the project.

Councillor Associate Professor Dr Melasutra Md Ali said perhaps a task force would be set up to oversee the development of the low-cost unit project.

She said this was to ensure the development took place within the time frame given.

“It is difficult to convince the residents that it will be finished but they have to take it in good faith,” she added.

This is what NST reported:

Thirty-five long house residents in PJS1 have refused to move out because the Petaling Jaya City Council (MBPJ) has only given a verbal agreement to one of their demands. The residents are to be relocated to make way for the last of the long-house families in PJS 1 to move out to make way for the construction of a primary school.

MBPJ issued an offer letter agreeing to pay them the ex gratia sum of RM2,280 each to cover moving costs after a meeting between the council representatives led by town planning assistant director Mohd Bakri Salleh, town planning assistant officer Kamariah Yahya and the residents yesterday.

However, the letter did not say that the council would pay each family RM500 a month for rental until the their low-cost flats were built, which MBPJ had agreed to do in earlier meetings with the residents.
The residents want the council to put what it has promised in writing as they are uncertain if the flats will be ready in two years’ time.

Residents’ representative Velan Subramanian, 32, said: “We are glad that the council has agreed to offer the ex gratia sum and has clearly stated it the offer letter. But the RM500 monthly rental is not stated anywhere in the letter. We want it in black and white.”

Velan said the residents have been informed by the council that the low-cost flats will be ready within two years. But he and his neighbours are worried that the construction of the low-cost flats might take longer than that.
The new flats are located opposite their present residence. It is not known how many blocks the flats will have but the residents have been allotted Block F.

All 35 residents have bought the flat priced at RM35,000 each.

“What if the construction work prolongs to three years. We will be in financial difficulties because we are already paying the interest to the bank for our yet-to-be-built low-cost flats.”
MBPJ has reiterated that the flats will be ready in two years and said that the flats will take two years to complete but the residents only want to move out when the flats are ready.

The residents have stated their case to the council representatives, who said MBPJ will look into it.

The construction of SRK PJS1 has been delayed by the residents’ reluctance to move out.

The 35 families are the last of the 276 families who first moved to the PJS1 long house residence seven years ago. Over the years, many of the families had moved elsewhere.

In June last year, the Education Ministry gave the green light for a primary school to be built there.